Page:Federal Reporter, 1st Series, Volume 7.djvu/29

 BBIDaBS V. 8BBLD01T. 17 �he bas paid, from the time he paid it, inoluding the amount paid by him for taxes and assessments, and for permanent improvements upon the premises ; Hyman accounting for all rents and profits received by hirn from the land, which should be dedacted from the amount so found due him. ���BsinaEs v. Sheldon and others. {Circuit Court, B, Vermont. January 6, 1880.) �SlATBaiBNT OF FACTS. �A., B., and 0. severally held contracts wlth the United States for the supply of head-stones and blocks for soldiers' gi'ayes. A. pur- chased B.'s contract for $20,000, giving four notes on time for the amount, and also bought C.'s contract, S. & 8. becoming security for the payment of the purchase money, upon A. 's ofEer of a bonus, in three propositions, of $3,520.32. A. purchased stone of S.' & S. for his own contract and for C.'s contract, at agreed priees, but, on be- coming assignee of all the contracts, A. made a written proposition to B. & B. that they should furnish the marble for all the contracts, and the meana to carry them on, receiviug one-third the profits, guarantied to be to them at least $20,000. S. & S. assented in writ- ing : "the priee heretofore agreed upon for head-stones and blocks is not to be considered as included in the $20,000 mentioned j * * # full agreement, in accordance, to be hereafter executed;" to which was added, over the signatures of A. and S. & 8., that "the full agreement, referred to above, may bc modifled and made so as to fix the compensation of 8. & S. by a deflnite price per head-stone and block in addition to the price heretofore agreed upon; this, in lieu of the one-third interest, but not of the given sum of $20,000." The contract, drawn in pursuance thereof, provided that 8. & S. should receive certain increased prices for head-stones and blocks, and "for interest and commissions on advances, and for their services ip and about said business, 9 percent, per annum" on the adrauces until repaid, and 9 per cent, per annum on the prices of atones, 60 days itfter shipment, until paid ; that the stones should " be and remain the sole and absolute property " of 8. & 8. until set up in the ceme- teries; that S. & 8. should furnish the "necessary machinery and machine shops, except said blast machines and rubb(|rs. They ghall also keep the same in repair; " that all moneys due from the govern- ment should be paid to 8. & B., under powers of attomey from A., sndthat, " as soon af ter final settlement and payment with and by the govemment as reasonably may be," 8. & 8. should pay over to A. the balance remaining in their hands after deducting their Com- V.T.no.l— 2 ��� �